Kitsumkalum Agreement-in-Principle
41.
For greater certainty, if Kitsumkalum pursues a specific claim in court, Canada reserves the
right to plead all defences available to it including limitation periods, the doctrine of laches, and
lack of admissible evidence, and Kitsumkalum reserves the right to make all possible counter
arguments available to it.
42.
Claims referred to in paragraph 40 will not result in any land being declared to be, or being set
aside as, “Lands reserved for the Indians” within the meaning of the Constitution Act, 1867 for
Kitsumkalum or an Indian Reserve for the use and benefit of Kitsumkalum.
Other Aboriginal Peoples
43.
The Final Agreement will not affect, recognize or provide any rights under section 35 of the
Constitution Act, 1982 for any aboriginal people other than Kitsumkalum.
44.
If a superior court of a province, the Federal Court of Canada or the Supreme Court of Canada
finally determines that any aboriginal people, other than Kitsumkalum, has a right under section
35 of the Constitution Act, 1982 that is adversely affected by a provision of this Agreement:
45.
a)
that provision will operate and have effect to the extent it does not adversely affect that
right; and
b)
if the provision cannot operate and have effect in a way that it does not adversely affect
that right, the Parties will make best efforts to amend this Agreement to remedy or
replace that provision.
The Final Agreement will provide that if Canada or British Columbia enters into a treaty or a
land claims agreement, within the meaning of sections 25 and 35 of the Constitution Act, 1982,
with any other aboriginal people and that treaty or land claims agreement adversely affects a
Kitsumkalum Section 35 Right as set out in the Final Agreement:
a)
Canada or British Columbia, or both, as the case may be, will provide Kitsumkalum with
additional or replacement rights or other appropriate remedies; and
b)
at the request of Kitsumkalum, the Parties will negotiate and attempt to reach agreement
on the provision of those additional or replacement rights or other appropriate remedies.
Periodic Review
46.
The Parties recognize and acknowledge that the Final Agreement will provide a foundation for
an ongoing relationship amongst the Parties and commit to conducting a periodic review of the
Final Agreement in accordance with paragraphs 47 to 53.
47.
At least sixty days before each Periodic Review Date, each Party will provide the other Parties
with written notice if the Party wishes to discuss a matter contemplated by paragraph 48, and if
no notice is provided by any Party, the Parties will forego engaging in a review for that Review
Period.
48.
The purpose of the periodic review is to provide an opportunity for the Parties to meet and
discuss:
a)
practicability of the harmonization of the Kitsumkalum legal and administrative systems,
including law-making authorities that are being exercised by Kitsumkalum under the
Final Agreement, with those of British Columbia and Canada;
b)
practicability of processes established by the Parties in accordance with the Final
Agreement; and
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